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Oxford Monographs in International Humanitarian & Criminal Law

Fairness in International Criminal Trials

Yvonne McDermott

Fairness in International Criminal Trials

Oxford Monographs in International Humanitarian & Criminal Law

Fairness in International Criminal Trials

Oxford Monographs in International Humanitarian & Criminal Law: Fairness in International Criminal Trials

 

Through careful analysis of current practice, this volume argues that international criminal tribunals should have a role in setting the highest standards of due process protection in their procedures, and that they can have a positive impact on domestic justice systems in this regard.


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Beschrijving Oxford Monographs in International Humanitarian & Criminal Law: Fairness in International Criminal Trials

With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal
tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law.

This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international
criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are
available for breaches of fair trial rights?

Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems.


ISBN
9780198739814
Pagina's
256
Verschenen
Serie
Oxford Monographs in International Humanitarian & Criminal Law
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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